MS (Palestinian Territories) v Secretary of State for the Home Department: CA 23 Jan 2009

The court was asked whether under the 2002 Act it is possible to challenge by way of appeal to the AIT an immigration decision under section 82(2)(h) to remove an illegal entrant, where the ground of appeal is an allegation that removal directions for the proposed country of return could not lawfully be made pursuant to Schedule 2 of the Immigration Act 1971. This issue arises in circumstances where the asylum and human rights claims of the appellant have failed and been spent and are no longer in issue, and where therefore the sole ground of appeal is that under section 84(1)(e), namely that ‘the decision is otherwise not in accordance with the law’. A challenge to a future direction could not be made.

Lord Justice Rix, Lord Justice Scott Baker and Lord Justice Jacob
[2009] EWCA Civ 17, Times 31-Mar-2009, [2009] Imm AR 464, [2009] Imm AR 3
Nationality, Immigration and Asylum Act 2002 82(2)(h), Immigration Act 1971
England and Wales
Cited by:
Appeal fromMS (Palestinian Territories) v Secretary of State for The Home Department SC 16-Jun-2010
The claimant faced removal and return to Palestine, but he said that he would not be accepted if returned. He had no ID card, birth certificate or living parents. He appealed against the decision of the IAT and now again from the Court of Appeal . .

Lists of cited by and citing cases may be incomplete.


Updated: 09 November 2021; Ref: scu.280134